3745-72-04
Transfer documentation and recordkeeping.

Comment: For dates of non-regulatory government publications,
publications of recognized organizations and associations, federal rules, and
federal statutory provisions referenced in this rule, see the last paragraph of
rule 3745-72-02 of the Administrative
Code titled"Incorporation by reference."

(A)
Each time that the physical custody or
title of low R.V.P. gasoline changes hands (excluding when gasoline is sold or
dispensed for use in motor vehicles at a retail outlet or wholesale
purchaser-consumer facility), the transferor shall provide to the transferee,
on or in addition to normal bills of lading, invoices, and the like, a document
containing information regarding that shipment. This document shall accompany
every shipment of gasoline after it has been dispensed or sold. The document
shall contain, at a minimum, the following information:

(5)
A
statement certifying that the gasoline has an R.V.P. of 7.8 P.S.I. or less,
except as provided in rule
3745-72-07 of the Administrative
Code.

(B)
No person in
the gasoline distribution network may sell, dispense or transfer low R.V.P.
gasoline intended for use in a low R.V.P. control area without transfer
documents that accurately contain the information listed in paragraph (A) of
this rule.

(C)
A terminal operator
who sells or dispenses gasoline intended for use in a low R.V.P. control area
during the low R.V.P. control period may not accept gasoline into the terminal
or dispense gasoline unless all of the following requirements are met:

(1)
Transfer documentation that accompanies
the low R.V.P. gasoline contains the information listed in paragraph (A) of
this rule.

(2)
The terminal owner
or operator conducts a quality assurance program including, but not limited to,
periodic product sampling and testing in accordance with
40 CFR
80.8 and rule
3745-72-08 of the Administrative
Code.

(4)
Clearly marked documents accompany the
conventional gasoline labeling it as "conventional gasoline, not for sale to
the ultimate consumer in a low R.V.P. control area."

(D)
During the low R.V.P. control period, no
refiner, importer, ethanol blender, carrier, distributor, reseller, or person
may sell, offer for sale, dispense, supply or offer for supply gasoline for use
in a low R.V.P. control area that is represented as low R.V.P. gasoline if the
gasoline does not meet the definition of low R.V.P. gasoline and is not
accompanied by the statement required in paragraph (A)(5) of this rule.

(E)
Low R.V.P. control area
terminal operators shall maintain records on low R.V.P. gasoline containing all
of the following information:

(1)
The volume
of each shipment or truckload of gasoline leaving the terminal.

(2)
If the fuel is blended with ethanol, the
type and percentage by volume of ethanol used in each shipment or truckload of
gasoline leaving the terminal.

(3)
The volume, name and address of the owner of every shipment of gasoline leaving
the terminal and a statement indicating that the gasoline has an R.V.P. of 7.8
P.S.I. or less.

(5)
The date of the sale or transfer of every
shipment of gasoline leaving the terminal.

(6)
The results of any tests for R.V.P. of
the gasoline sold or transferred and who performed the tests.

(F)
Each retailer and each
wholesale purchaser-consumer within a low R.V.P. control area shall maintain
all of the following records:

(1)
The name
and address of the person from whom each shipment of gasoline was purchased,
and the date on which each shipment was received.

(2)
A statement indicating that the gasoline
has an R.V.P. of 7.8 P.S.I. or less.

(G)
Each person in the gasoline distribution
network shall maintain records containing compliance information as required in
this rule. These records shall be retained by the regulated parties for at
least two years from the date of creation or receipt of the records and shall
be kept on site for a minimum of ninety days. For the remainder of the
retention period, the records may be kept at a centralized location within the
state of Ohio.